The United States presents the new rules of the agreement

Joe Biden signed on Friday the decree that establishes a new framework for the transfer of data between the United States and Europe. The Court of Justice of the European Union invalidated the two previous agreements

Is the third chord correct? By signing the decree on the implementation of a new framework for the transfer of personal data from the European Union to the United States on Friday, Joe Biden makes it possible to advance this crucial issue for companies and organizations on both sides of the world. Atlantic. Last March, the US president and the president of the European Commission, Ursula von der Leyen, announced that they had reached an agreement in principle on this thorny issue, without further details. Two previous versions (Safe Harbor in 2015 and then Privacy Shield in 2020) were challenged by the Court of Justice of the European Union (CJEU), following complaints from the association of activist Max Schrems. The court ruled that these agreements did not guarantee the data of European citizens in transit to the United States a level of protection equivalent to that provided for by the European regulation (GDPR), due to the possible interference of US extraterritorial laws (Patriot Act, Cloud Act ).

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Therefore, the United States had to provide additional guarantees. The text signed on Friday strengthens measures to guarantee confidentiality and the protection of civil liberties in US surveillance programs that target data collected in Europe and transferred or hosted across the Atlantic.

It also creates an independent and binding mechanism for people in eligible states to seek redress if they believe their personal data has been illegally collected by US intelligence. This mechanism provides for two levels of appeal, one with an officer in charge of the protection of civil liberties in the direction of US intelligence, the other with an independent court formed by the Department of Justice. “These commitments fully respond to the Schrems II decision of the European Court of Justice and will cover transfers of personal data to the United States under EU law.said Gina Raimondo, US Secretary of Commerce.

The signing of the decree by the US president will allow the European Commission to start its own ratification process, which should take several months.

In July 2020, the Court found that the “privacy shield“, used by thousands of American companies, including giants like Google or Amazon, did not protect possible”interference with the fundamental rights of persons whose data is transferred“. The case was initiated by a complaint against Facebook by Max Schrems, a figure in the fight for data protection, already at the origin of the 2015 ruling on the ancestor of the “privacy shield», «Safe Harbor“.

If the new final text does not comply with European law, we or another group will probably challenge it. In the end, the Court of Justice will decide for the third time Max Schrems announced when announcing a new deal in March. The US administration ensures that this new version was designed to comply with the previous reservations of European justice. The CJEU’s decision plunged thousands of organizations into legal limbo in a form of legal “black hole”.

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